Website and Producer Portal
This document outlines the terms and conditions relating to your use of www.goldenbear.com and the Producer Portal and provides additional information
about Golden Bear and its affiliates.
Website Operation and Disclaimer of Warranties
This Website and Producer Portal include various functionalities, including, but not limited to, navigation between screens, payment submission, and printing functionalities. Please note that certain functionalities of this Website and Producer Portal may not work, unless you have installed appropriate software. It is the sole responsibility of each user to install the necessary software in order to effectively use the Website and Producer Portal.
Any information, services, materials, software, calculators or other items on this site are provided "as is" without any warranty of any kind, either expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Golden Bear does not warrant that this site will be uninterrupted or error fee. We do not warrant that any such defects will be corrected, or that this Website, the Producer Portal or the server that makes these available are free of viruses or other harmful components. Any risk arising out of use or performance of the information, services, materials, software, calculators or other items remains entirely with you. Under no circumstances will Golden Bear be liable for any damages whatsoever arising out of the use or performance of the information, services, materials, software, calculators or other items contained on this Website and/or Producer Portal.
Without limiting the foregoing, Golden Bear disclaims all warranties with respect to the operation of the platform and related software for the Website and Producer Portal, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Golden Bear also disclaims all warranties that the platform and related software will not be interrupted or error free.
No Representation as to Particular Suitability of Products and Services
Any materials available on the Website or through the Producer Portal have no regard to the specific objectives, financial situation or particular needs of any specific website user. Golden Bear does not represent that any services or products on this Website or the Producer Portal are particularly suitable for any specific individual or business website user. Website users must evaluate their individual or business insurance needs. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials for a particular individual or business, nor are product summaries intended to be complete statements of the insurance products or services offered by Golden Bear. The materials should not be regarded by Website or Producer Portal users as a substitute for the exercise of their judgment.
All information on this Website and Producer Portal is for general informational purposes only, and is not offered as legal, accounting, or other professional advice.
The descriptions of Golden Bear products and services on this Website and Producer Portal, including any sample forms or wordings, are not necessarily intended to be complete descriptions of all applicable terms, exclusions, and conditions and are provided solely for general informational purposes. Any statement regarding insurance coverage herein is subject in all respects to the specific terms and conditions of the actual applicable policy or product or service agreement. Complete policy terms are available upon request. While Golden Bear uses reasonable efforts to include accurate and up-to-date information on this Website and the Producer Portal, errors or omissions sometimes do occur. Golden Bear does not warrant or make any representations regarding the use or the results of the use, of any of the materials on this Website or the Producer Portal in terms of their correctness, accuracy, reliability, or otherwise. Planning tools on this Website and Producer Portal, including online quoting and rating systems, loss run reports, and/or calculators, are available only as a convenience to users and are not intended to generate advice or recommendations upon which a user may rely. Golden Bear does not warrant or make any representations regarding the correctness, accuracy, or reliability of the results generated by any such tools, and makes no guarantee that the results shown will be achieved. These tools and calculators are not part of any planning report for which you may have paid a fee, even if they utilize data derived from or contained in such a report. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you if that particular state is ultimately deemed to have jurisdiction over any such claim. Legal rights do vary from state to state.
Your Use of This Site
You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on another's intellectual property or proprietary rights. You agree that any information you provide through this Website or Producer Portal will be truthful and accurate.
This Website and the Producer Portal are owned and operated by Golden Bear. Except where otherwise indicated, all materials and software contained in this Website, as well as their collection, arrangement, and assembly, are the property of Golden Bear. No materials from this Website or Producer Portal may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise commercially exploited in any way, except with the express written consent of Golden Bear. You may download material displayed on this Website and Producer Portal for your personal use only; provided that you do so without alteration, for non-commercial purposes only, and that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited.
You may not distribute, modify, transmit, reuse, re-paste, or use the content of this Website or Producer Portal for public or commercial purposes, including the text, images, audio, and video, without our prior written permission. We neither warrant nor represent that your use of materials displayed on this Website or in the Producer Portal will not infringe on the rights of third parties.
You are prohibited from using this Website and the Producer Portal (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) in a method that could damage, disable, overburden, or impair any server, or any network connected to a server; (iii) to interfere with another person's use and enjoyment of this Website or Producer Portal; (iv) to data mine, robot, or data gather or extract any portion of the Website or Producer Portal; (v) to gain unauthorized access to accounts, computer systems, or networks connected to any server or systems; or (vi) to access materials, systems, data, or information not intended by the operating unit to be accessible to you or through any means not intentionally made available by the operating unit.
In addition, in using this Website and the Producer Portal, you agree you will not: (i) upload or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; (ii) create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Golden Bear representative, or falsely state or otherwise misrepresent your affiliation with a person or entity, including Golden Bear; (iii) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (iv) upload or introduce files that contain viruses, trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the property of another; (v) upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise; (vi) violate any applicable local, state, national, or international law or regulation; (vii) upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary right of any party; or (viii) harvest or otherwise collect information about others, including email addresses.
Golden Bear reserves the right to take any lawful action it deems appropriate in response to any actual or suspected violations of these terms, including but not limited to the suspension or termination of the user's access to the website and/or account. Golden Bear may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. We reserve the right to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise permitted by law. We also reserve the right to edit, remove, or refuse to post any materials or information, in whole or in part, at our sole discretion.
Golden Bear reserves the right to require that a producer change their password or answer to security questions if we deem appropriate at our sole discretion and judgment.
All trademarks, service marks, trade names, logos, and icons are proprietary to Golden Bear. This proprietary information includes, but is not limited to, the Website's domain name, logos, page headers, graphics, button and icons. Use of the trademarks, service marks, trade dress, or other logos displayed on this Website, without prior written authorization of Golden Bear or as otherwise provided herein, is strictly prohibited.
Any software accessible through this Website and Producer Portal is the property of the Golden Bear or outside suppliers, and is protected by U.S.
intellectual property laws and/or international treaties. Use of this software other than to utilize and navigate this Website for its intended functions
is prohibited, and you agree not to access Website or Producer Portal content by any means other than the interface Golden Bear has provided. You agree not
to copy, distribute, publicly display, alter, modify, decompile, disassemble, or reverse engineer or otherwise attempt to discover the source code of this
software. Golden Bear does not authorize the downloading or exportation of any software or technical data from this Website or the Producer Portal to any
jurisdiction where such activity is prohibited by export laws and regulations. Accordingly, you shall not copy, transfer, or export this software in
violation of any applicable export laws and regulations.
Passwords and Security
Golden Bear requests that you do not send it any information that you consider to be confidential or proprietary through this Website or Producer Portal or by email. You acknowledge that there is a risk that information provided through this Website or producer Portal may be accessed by unauthorized third parties because such information is not encrypted (except where explicitly indicated otherwise). Please note that if you do send us any such information or material, we will assume it is not confidential. By sending us information or material, you grant Golden Bear an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that Golden Bear is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
You acknowledge that you must have an authorized username and password to access the Producer Portal of this site. You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from us for any purpose. You authorize Golden Bear to process any and all account transactions initiated through the use of your username and password. For your protection and the protection of our other customers and Website users, you may not share your username and passwords with any other person for the purpose of facilitating their access and unauthorized use of this Website or Producer Portal. You are solely responsible for maintaining the confidentiality of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, damages, and/or liabilities made through the use of your username and password. In no event will Golden Bear be liable for the unauthorized use or misuse of your username or password. If you do share your account information with anyone, we will consider their activities to have been authorized by you.
You agree to (a) immediately notify Golden Bear of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Golden Bear will not be liable for any losses that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Golden Bear or another party resulting from someone else's use of your account or password. You may not use anyone else's account at any time, with or without the permission of the account holder.
Portions of this website, including the Producer Portal, which must be accessed using a username and password and/or other security device, may contain proprietary and confidential information owned by Golden Bear. This may include, but is not limited to, information included in web-based seminars, industry data, and technical and marketing information (denoted as "Confidential Information"). By accessing confidential information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining your account and conducting business with Golden Bear.
The information contained in this Website and the Producer Portal is just for information purposes. No information available on this Website or the Producer Portal constitutes a solicitation, an offer, or a recommendation to buy any particular insurance product(s), to effect any transactions, or to conclude any legal act of any kind whatsoever. You may not rely on information on this Website or Producer Portal for making any decision relating to products or services of Golden Bear.
Golden Bear does not intend to provide legal or tax advice through this Website or the Producer Portal.
Neither Golden Bear, any third party content provider, nor any of their directors, employees or agents will be liable for any damage or loss whether direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the use of, or the inability to use, the materials on this Website and Producer Portal, even if Golden Bear or an authorized representative of the company has been advised of the possibility of such damages.
We also assumes no responsibility, and shall not be liable for, any defects, malfunctions, damages, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing of this Website or Producer Portal, or your downloading of any materials, data, text, images, video, or audio from this Website. We also assume no responsibility, and shall not be liable for, any loss of data, alteration of data, or downtime you may suffer in connection with the access or use of this Website and producer Portal.
Your use of this Website and Producer Portal is an agreement to indemnify, defend, and hold harmless Golden Bear from and against any and all losses,
liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of this Website and
the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs,
including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Golden Bear reserves the right, at its own expense, to
assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the
defense of such matter. However, in no event will Golden Bear be obligated to pay defense fees or prevailing party attorney's fees to you. By using this
Website and/or the Producer Portal, you further agree to waive any right to recover defense costs from us under Cal. Civ. Code Section 2778(3).
Intellectual Property Rights
Individual pages and/or sections of the Golden Bear Website and Producer Portal, and its content may be printed or saved for personal or internal use only. Such print-outs or savings, however, must retain all applicable copyright or other proprietary notices. You must not modify, copy, transmit, distribute, display, reproduce, publish, perform, license, frame, create derivative works from, transfer or use in any other way for commercial or public purposes in whole or in part any content obtained from this Website or Producer Portal without the prior written permission of Golden Bear. It is prohibited to systematically retrieve content from this Website or the Producer Portal to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Golden Bear Website or Producer Portal without written permission from Golden Bear.
Links to and Feeds from External Websites
Ownership of Information
Consent to Communicate Electronically
By utilizing or providing your contact details through this Website and the Producer Portal, you are consenting to receive communications from us electronically. You acknowledge that electronic communications may not be encrypted and there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties. We may communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Users who do not wish to be contacted electronically may revoke this consent by unsubscribing as a user.
In acknowledging an application, Golden Bear is not verifying the content, accepting the application or making any offer of employment or engagement. Golden Bear is not obliged to accept any applications.
Golden Bear is an equal opportunity employer (in accordance with applicable legislation). We do not discriminate on the grounds of gender, race, ethnic origin, age, religion, sexual orientation, disability or any other basis covered by local legislations. All employment related decisions are made entirely on merit.
Golden Bear Insurance Company is not a Direct Market
Only authorized Independent Agents and Wholesale Brokers may submit applications to Golden Bear to obtain a quote and/or to request coverage for an insured. Insureds may not directly submit applications or request that coverage be bound, added or amended.
Email, Fax and Phone
Email addresses and fax and phone numbers are listed on our Website. Communication to departments and individuals listed on this site are checked routinely. Email addresses and fax and phone numbers may change; independent agents and wholesale brokers should confirm our receipt of their communication to verify its successful transmission. At no time can insurance coverage be bound, added, or amended by leaving a phone message. Personal lines coverage is only effective if bound, added or amended pursuant to the terms and conditions of the agency/brokerage agreement and the current Golden Bear Manual. Commercial lines coverage is only effective if bound, added, or amended by a Golden Bear underwriter. Insurance coverage is only effective pursuant to the written terms and conditions of policies and endorsements when and as issued by Golden Bear Insurance Company.
Governing Law / Place of Jurisdiction
Last Updated: August 8, 2015